Second-hand Dealers and Pawnbrokers Amendment Act 2003 (TAS)

Second-hand Dealers and Pawnbrokers Amendment Act 2003

An Act to amend the Second-hand Dealers and Pawnbrokers Act 1994

[Royal Assent 4 July 2003]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Second-hand Dealers and Pawnbrokers Amendment Act 2003 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Second-hand Dealers and Pawnbrokers Act 1994 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of promoter : regulations means regulations made and in force under this Act; (b) by inserting "but does not include any goods that, under the regulations, are exempted from the application of this Act" after "such purpose" in the definition of second-hand goods . 5Section 9 amended (Duty to obtain proof of identity, &c.) Section 9 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1)  A second-hand dealer or pawnbroker must not enter into a contract with a person in the course of business as such unless the second-hand dealer or pawnbroker – (a) has ascertained the person’s full name and current residential address; and (b) has verified the person’s identity as prescribed by the regulations. 6Section 9A insertedAfter section 9 of the Principal Act , the following section is inserted in Division 3: 9ANotification of transactions to police (1)  A second-hand dealer or pawnbroker must, within 24 hours after receiving any prescribed second-hand goods, notify the Commissioner of Police in the prescribed manner of details of the transaction. (2)  A second-hand dealer or pawnbroker who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units. 7Section 10 amended (Records to be kept relating to second-hand or pawned goods) Section 10 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "in the prescribed form" after "keep"; (b) by inserting in subsection (2) "in the prescribed form" after "keep". 8Section 11 amended (Duty to retain goods for 7 days) Section 11 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections: (1)  A second-hand dealer must, during a period of 7 days after receiving any second-hand goods – (a) keep the goods in the form in which they were received; and (b) keep the goods at the place where they were received or, if the dealer does not carry on business as such at that place, at the nearest place where he or she carries on business as such in Tasmania – and must not during that period dispose of the goods in any way. (1A)  A second-hand dealer who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units. 9Section 11A insertedAfter section 11 of the Principal Act , the following section is inserted in Division 3: 11ASecond-hand goods with serial numbers, &c., altered (1)  Subject to subsection (2) , a second-hand dealer or pawnbroker who purchases or receives any second-hand goods with the serial number or other identification of the goods altered or removed is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units. (2)  A second-hand dealer or pawnbroker does not commit an offence against subsection (1) if the person seeking to pawn or sell the goods provides verification in the prescribed form that he or she is the owner of those goods. 10Section 12 amended (Duties of promoters of second-hand goods markets) Section 12(1) of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraphs: (b) ascertain the full name and current residential address of any person proposing to sell second-hand goods at a second-hand goods market; and (c) verify the person’s identity as prescribed by the regulations. 11Section 23 amended (Regulations) Section 23 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: (2)  Without limiting the generality of subsection (1) , the Governor may make regulations – (a) providing for records to be kept by second-hand dealers, pawnbrokers and promoters; and (b) requiring any such records to be kept by computer or in any manner provided by the regulations; and (c) listing those second-hand goods prescribed for the purposes of section 9A ; and (d) providing for information to be given to the Commissioner of Police; and (e) exempting any second-hand goods from the application of this Act.

[Second reading presentation speech made in:

House of Assembly on 22 MAY 2003

Legislative Council on 24 JUNE 2003]